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Allen v. Allen

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1934
243 App. Div. 526 (N.Y. App. Div. 1934)

Opinion

December, 1934.


Order reversed on the law, without costs, and the case remitted to the trial court with directions to settle the proposed case and amendments. In our opinion, the trial court was without power to hold the settlement of defendant's case on appeal "in abeyance" until he shall comply with the terms of the judgment and the order for a counsel fee. Whether the appeal shall be heard in view of defendant's defaults rests in the discretion of the court in which the appeal is pending. Lazansky, P.J., Hagarty, Carswell, Tompkins and Davis, JJ., concur.


Summaries of

Allen v. Allen

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1934
243 App. Div. 526 (N.Y. App. Div. 1934)
Case details for

Allen v. Allen

Case Details

Full title:HELEN M. ALLEN, Respondent, v. HARRY R. ALLEN, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 1, 1934

Citations

243 App. Div. 526 (N.Y. App. Div. 1934)